MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            14 December 2000
	DOCKET NUMBER:   AR2000050004

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Richard T. Dunbar		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A -  Application for correction of military 
                             records
	Exhibit B -  Military Personnel Records (including
	                  advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his official home of record be changed from the listed Seattle, Washington to his actual home of record in Switzerland. 

APPLICANT STATES:  In effect, that the current home of record listed in his record is a Hotel in Seattle and was only added to his enlistment contract on the advice of recruiting personnel at the Military Entrance Processing Station (MEPS) in Seattle during his enlistment processing.  He claims these personnel advised him that he had to use an address in the United States and not to use his actual home of record in Switzerland.  In support of his application, he encloses a Personnel Action Request (DA Form 4187) requesting a change to his home of record with accompanying supporting endorsements from his chain of command, a certificate of Swiss citizenship showing his permanent home of record address, and a copy of his Swiss social security card.  

EVIDENCE OF RECORD:  The applicant's military records show:

On 4 March 1998, he enlisted in the Regular Army for three years and entered in the rank and pay grade of specialist/E-4 (SPC/E-4).  At the time of his enlistment the applicant had completed a period of prior service in the United States Navy (USN).  He currently is still serving on active duty and his scheduled expiration of term of service (ETS) is 23 December 2000.

The evidence or record includes a Department of Defense (DD) Form 214 (Certificate of Release or Discharge From Active Duty) issued by the USN.  This document verifies that he entered that period of active duty on 7 May 1996 and was released from active duty (REFRAD) on 7 November 1997.  It also confirms that he completed at total of 1 year, 6 months, and 1 day of that enlistment and that he was honorably discharged by reason of a defective enlistment contract.  

The DD Form 214 issued to the applicant by the USN also verifies that on the date of his REFRAD, on 7 November 1997, his recorded home of record according to USN records was Seattle, Washington.  

The DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States), commonly referred to as the enlistment contract, which was prepared on the applicant during his enlistment processing for the Army is on file.  In block 3 (Home of Record) 84 Union Street, Seattle Washington 98101 is listed as the applicant’s home of record. 

The record also includes copies of  DD Forms 1966/1 through 1966/4 (Record of Military Processing-Armed Forces of United States).  The DD 1966/1 confirms, in block 4 (Current Address), that the applicant was residing at 84 Union Street, Seattle, Washington 98201 during his enlistment processing.  However, in block 
5 (Home of Record Address) the applicant provided a different address as his home of record, that was 1902 2nd Avenue, Seattle, Washington.  In addition, block 6 (Citizenship) verifies that the applicant was a native born United States citizen and block 17 (Place of Birth) indicates that he was born in New Orleans, Louisiana.  

A Standard Form (SF) 86 (Questionnaire for National Security Positions) is also on file.  This questionnaire prepared by the applicant during his enlistment processing indicates, in block 9 (Where You Have Lived), that the applicant lived in Seattle from November 1994 through May 1996, at which time he entered the USN and from November 1997, the month he separated from the USN, until March 1998 when he entered the Army.  This block shows that he last lived in Switzerland from February through November 1994.  

The applicant has provided a copy of a DA Form 4187, in which he requests a change to his home of record, with supporting endorsements from his chain of command.  This packet includes supporting documents, which includes a Certificate of Nationality and Registration, provided by the Swiss Consulate, 
San Francisco, California on 19 September 2000, which shows that he has 
Swiss citizenship.  It also indicates that his last known address in Switzerland was 5073 Gipf-Oberfrick.  Also enclosed were copies of his Swiss social security card; passport; a military service book; and finally, a form from the Swiss Compensation Office, which indicates his eligibility for voluntary old age survivors and disability insurance scheme for Swiss citizens residing abroad.  

Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) prescribes eligibility criteria governing the enlistment of persons, with or without prior service (PS), into the Regular Army (RA).  Chapter 2, section I contains basic qualification and verification for enlistment and paragraph 2-4 contains citizenship requirements.  It states, in pertinent part, that an applicant is eligible for enlistment if they are a citizen of the United States or an alien who has been lawfully admitted to the United States for permanent residence. 

Paragraph 2-4(f) (Dual Citizens) states, in pertinent part, that an applicant possessing dual citizenship cannot enlist as both an alien and a citizen.  He or she must choose and declare citizenship of one country (and renounce the other) by either applying for, and being granted, legal permanent resident alien status (thereby renouncing U.S. citizenship) or by filing for proof of U.S. citizenship (thereby renouncing the non-U.S. citizenship). 

Home of record is defined by law and regulation as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty.  The place recorded as the home of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant tour of active duty unless there is a break in service of more than one full day.  Only if a break in service exceeds one full day, can the home of record be changed by the member.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board noted the applicant’s contention that his home of record was listed in his enlisted contract as Seattle in error as a result of his being advised to do so by recruiting personnel and that his actual home of record is Switzerland.  After a careful examination of the evidence, the Board finds this claim lacks merit. 

2.  The evidence of record reveals no erroneous or improper counseling on the part of recruiting personnel.  It also confirms that the applicant held dual citizenship status for both the United States and Switzerland at the time of his enlistment and elected to enlist as a native born U.S. citizen.  By regulation, a member cannot enlist in a dual citizenship status and the applicant, by electing to enlist as a native born U.S. citizen, chose to renounce his Swiss citizenship. 

3.  Additionally, the evidence of record shows that the applicant had listed Seattle as his home of record during his service in the USN, and that he had lived and worked in the Seattle area from November 1994 through May 1996, at which time he entered the USN; and he also lived there from November 1997, the month he separated from the USN, until March 1998 when he entered the Army. 

4.  Given the applicant resided in the Seattle area for the four years immediately prior to his Army enlistment and that he had previously listed Seattle as his home of record during a prior period of service, the Board finds his contention that his home of record should have been recorded as Switzerland at the time he enlisted is not credible.  

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___jh____  __hof ___  ___rtd___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000050004	
SUFFIX		
RECON		
DATE BOARDED	2000/12/14	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A 	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  223	112.0100	
2.		
3.		
4.		
5.		
6.